Court No. - 26 Case :- WRIT - A No. - 54770 of 2008 Petitioner :- Charan Singh Since Dead Now Son Surendra Pal Singh Respondent :- Union Of India & Others Petitioner Counsel :- Nikhil Srivastava,H.S. Srivastava Respondent Counsel :- A.S.G.I.,Poonam Singh Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of present writ petition, the main relief which is claimed by the
petitioner is quoted as under :-
“Issue a writ order or direction in the nature of mandamus directing the
respondent no. 2 to release the withheld amounts of the deceased MES
456194 Satyapal Singh (FGM) skilled the terminal benefits of Government
servant and other benefits applied to him (Pension, GPF, Fund, Gratuity and
LTC etc.) with 18% annual interest.”
In brief the facts of the present case are that Sri Satpal Singh was working as
an employee on the post of FGM(Filter Gensing Mechanic) in MES
Department under respondent no. 2 and during tenure of his service he died
on 26th June, 2003 due to road accident.
Further as per the averments and pleadings made in the writ petition, the wife
of late Sri Satpal Singh (Smt. Paramjeet Kaur) had re-married, he had neither
any son nor daughter and his father as well as mother had also dead.
The present writ petition has been filed by his brother, Sri Surendra Pal Singh
with the description of the petitioner in the memo of the writ petition as
under :-
“Charan Singh since dead now represented by son Surendra Pal Sing, S/o
Late Charan Jeet Singh, R/o 165/26, Civil Lines, Station Road, Bareilly.”
After hearing the counsel for the parties and going through the facts and
pleading as mentioned in the writ petition, the petitioner has got neither any
locus nor any right to file the present writ petition, claiming the relief as
prayed in the writ petition under law. Further, no mandamus can be issued
while exercising the power under Article 226 of the Constitution of India to
direct the concerned opposite party to grant the said relief to the petitioner, so
present writ petition filed by the petitioner is misconceived, liable to be
dismissed.
For the foregoing reasons, present writ petition is dismissed.
No order as to costs.
Order Date :- 14.7.2010
Krishna/*